PROTECH REALTORS PVT. LTD Vs. STATE OF ASSAM

JUDGEMENT

(1.) Since a common grievance has been raised in these three writ petitions, the same are taken up for disposal by this common judgment. As the facts are the same, those stated in WP(C) No. 247/2015 are narrated below and that would cover the other two writ petitions also.

(2.) The petitioner in WP(C) No. 247/2015 is a Company which inter alia deals with construction of buildings. On 19.11.2007, an agreement was entered into by the petitioner with the land owner in respect of plot of land for construction of a building. The land was recorded in the name of M/s Krishna Arjun Enterprise of which Sri Ajoy Thakuria and Sri Banabir Sinha were the partners and also the recorded pattadar. Said Sri Ajoy Thakuria, Bijoy Thakuria, Krishnarjuna Enterprise and Banabir Sinha are the writ petitioners in WP(C) No. 1646/2015. Pursuant to the agreement, permission which was sought for by the GMDA was granted on 02.04.2009 which was renewed on 04.04.2011.

(3.) As the construction activities continued, one Lakhi Kanta Sarma who is the respondent No. 7 had filed a petition before the Deputy Commissioner, Kamrup (M) claiming ownership of 1 bigha 10 lechas of land covered by Dag No. 106, Patta No. 10 of village Dispur under Mouza Betala, over which the aforesaid building was being constructed.